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DLA - moved from middle rate to lower rate care
- stefaniel2001
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11 years 2 months ago - 11 years 2 months ago #118172 by stefaniel2001
DLA - moved from middle rate to lower rate care was created by stefaniel2001
I've just received my DLA letter. I have been moved down from Middle rate care to lower rate care. My care needs have, if anything worsened and definitely not improved. Social services have provided me with more aids such as a toilet frame and my meds have increased also.
I'm not sure what to do next and I did not get a leaflet about what to do if I disagree, they did used to send them out with decision letters I'm sure.
Do I request a reconsideration, or do I go to appeal? I'm worried if I do that they might halt payments altogether.
Any advice would be gratefully received.
Thanks
I'm not sure what to do next and I did not get a leaflet about what to do if I disagree, they did used to send them out with decision letters I'm sure.
Do I request a reconsideration, or do I go to appeal? I'm worried if I do that they might halt payments altogether.
Any advice would be gratefully received.
Thanks
Last edit: 11 years 2 months ago by . Reason: Tick.
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- Gordon
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11 years 2 months ago #118177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA - moved from middle rate to lower rate care
Steffi
DLA Decisions sometimes come in two letters, please don't ask me why, one contains the Statement of Reasons and the other is the actual Decision Notice, I am wondering if you have received the first and not the second.
DLA Decisions are usually subject to a Mandatory Reconsideration, providing that the claimant is informed that an MR is required, so I would wait a couple of days to see if another letter arrives.
If you are notified that an MR is required then you must first request this from the DWP before an appeal can be lodged, you will continue to received DLA LRC while this is done and during the appeal phase.
To request a MR you need to contact the DLA Unit, this can be done by phone but we recommend you follow it up in writing, also, use the phrase "Mandatory Reconsideration" in any call or letter, If you intend to submit additional evidence then you should also let them know this and they will allow you an extra four weeks to submit this before making a Decision on your MR request.
We don't have a MR guide for DLA but the procedures are the same for ESA and PIP so have a look at one of those appeal guides for more information.
If you are not required to go through an MR then you can appeal directly, again your LRC will continue to be paid. You need to complete and return a GL24 Appeal form, the DLA Appeal guide has details of how to do this.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
If you have further questions, please reply to this post and we will do our best to help
Gordon
DLA Decisions sometimes come in two letters, please don't ask me why, one contains the Statement of Reasons and the other is the actual Decision Notice, I am wondering if you have received the first and not the second.
DLA Decisions are usually subject to a Mandatory Reconsideration, providing that the claimant is informed that an MR is required, so I would wait a couple of days to see if another letter arrives.
If you are notified that an MR is required then you must first request this from the DWP before an appeal can be lodged, you will continue to received DLA LRC while this is done and during the appeal phase.
To request a MR you need to contact the DLA Unit, this can be done by phone but we recommend you follow it up in writing, also, use the phrase "Mandatory Reconsideration" in any call or letter, If you intend to submit additional evidence then you should also let them know this and they will allow you an extra four weeks to submit this before making a Decision on your MR request.
We don't have a MR guide for DLA but the procedures are the same for ESA and PIP so have a look at one of those appeal guides for more information.
If you are not required to go through an MR then you can appeal directly, again your LRC will continue to be paid. You need to complete and return a GL24 Appeal form, the DLA Appeal guide has details of how to do this.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
If you have further questions, please reply to this post and we will do our best to help
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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